This blog is mostly devoted to discussing educational policy issues and politics in Utah. This is meant to be a place to gather my research and thoughts into detailed explanations that hopefully add clarity to the discussion of public education. Many of the issues are multi-faceted and need to be examined thoroughly. Thus, some posts will be boring long. Come here looking for what I now understand. I will re-organize and readdress issues as I learn more.

Saturday, October 11, 2008

A short opinion about the Hughes Lawrence bribery charge

As a few others have said, I think the other 5 charges besides the bribe allegation against Hughes are extremely important and that they’re getting undercovered. I think the bribery charge will probably be dismissed by the Ethics Committee. Not because the huge amounts of out-of-state voucher funding pouring into our legislative and state school board races haven’t been slimy, but because the campaign funding laws are so lax.

As it now stands, every campaign donation, especially large ones, could be considered a bribe. If advocacy group x gives 20,000 dollars to a legislator to spend on whatever they want, it is a bribe and will be prosecuted. However, if advocacy group x gives 20,000 dollars to a legislator’s campaign fund, that’s perfectly legal. It is also perfectly legal for a legislator to pay taxes on that $20,000, and then spend it on whatever they want. Campaign accounts in Utah are 100% legal money laundering tools.

By far, the vast majority of Utah political leaders are honest, ethical, upstanding individuals. That’s one reason some of them resent the continual media barrage on ethics reform. Precisely because they are honest, some view stricter ethics guidelines as unnecessary and bothersome. It grates on them that people would think they need strict regulations to keep them honest.

Despite that attitude, ethics reform is likely coming in the 2009 session. With current ethics complaints against legislators, and the media frenzy, the issue simply can no longer be ignored.

But I think the legislators are raging hypocrites on their self-righteous stance about impugning their honesty through ethics reform. Unnecessary and bothersome? I know that’s Webb talking, but that sums up their attitude perfectly. I bet even most legislators would admit that the vast majority of Utah teachers and even school district officials are honest, ethical, upstanding individuals. I know that to be true, but I would be suspicious if lobbyists were spending hundreds of thousands of dollars on “gifts” and dinners for education employees each year and even more so if 80% or more of those didn’t have to be identified by name. Or if city lawyers, district judges, or Genola town clerks were accepting huge amounts of money from advocacy groups, and supposedly NOT for services rendered, just because they support the character of the individual...You’re telling me we should trust them. What a bunch of self-serving bologna…

To the legislature:Ethics reform is not a media “barrage” or “frenzy.” You are not smarter than the 70%+ of your constituents that consistently poll in favor of ethics reform. You have “ignored” the issue for too long while hypocritically attacking presidential candidates and members of congress for similar indiscretions. I truly hope ethics reform becomes a huge issue at the ballot box.

Here’s a final article from the Tribune from April showing some retirement windfalls from both parties:

Sen. Mike Dmitrich, D-Price, hasn't given much thought to what he'sgoing to do with the $13,400 he has sitting in his campaign fund. The retiring lawmaker likely will use some of it for travelexpenses for the rest of his term, which ends Dec. 31. But some mayend up tucked away in his pocket. "I might support other candidates with it, but it would have to besomebody I really liked," he said. "I'll probably just keep it and paytaxes on it." Under Utah statute, that's perfectly legal. Those running for orserving in public office can use campaign funds any way they see fit. It's a practice retiring Rep. Roz McGee, D-Salt Lake City, finds"very unfortunate." "I plan to plow mine back for the same kind of activity for whichpeople gave me money," she said, adding that the $7,600 she has leftwill go toward other candidates' races. Rep. Mark Walker, R-Sandy, is running for state treasurer, and hewill roll over the $18,800 he has left in his state House campaignaccount into that race. "I'm not going to get a boat this time," he joked. Sandy Peck, executive director of the League of Women Voters, hastestified in support of legislation restricting such funds. "We just thought that people would be really surprised that therejust were no limits on how that money could be spent," she said. "When you give money to a candidate, it's for reasons to do withtheir offices and services they are going to provide you as ataxpayer," Peck said. "There should be some accountability and somerestriction on how it gets used." State Sen. Dan Eastman, R-Bountiful, has the most leftover moneyof any retiring lawmaker: $31,600. He plans to use most of it forcampaigns and charity. "Maybe not 100 percent will go for those, but the majority will.The rest, we'll just go ahead and see," he said. "But as I understandit, there are no restrictions on how we can use that money." Rep. Gordon Snow, R-Roosevelt, said he gave one-third of his$3,000 to a candidate he supports but wouldn't name. "I don't want to offend the other guys," he said. "Can't a guyjust walk away?" Rep. LaWanna Shurtliff, D-Ogden, has the least amount left, withabout $1,700. She'll use it for postage and other expenses during theremainder of her term. "Many people keep some money in there in case they run again," she said. That's proven beneficial for LaVar Christensen and Jay Seegmiller.Christensen left the House in 2006 to run for Congress, but he stillhas nearly $13,000 left in his legislative campaign fund, according tohis financial disclosure. Seegmiller has about $8,700 left. Both arerunning again this year for legislative seats. Former House MajorityLeader Jeff Alexander has about $62,000 at his disposal, according tohis disclosure. Earlier, he said he does not plan to spend it butrather save it for his next run at office. But others who have been retired for several years still havesignificant amounts left. Al Mansell, who chose not to run again forhis Senate seat in 2006, still has $45,600 in his account, accordingto his disclosure. He could not be reached for comment. Salt Lake City Mayor Ralph Becker and his communications director,Karen Hale, both ran bills when they served in the Legislature torequire candidates to put surplus funds into political campaigns,nonprofit organizations or the state's general fund. Hale said it was "unbelievable to see the reactions" oflegislators arguing against passing such a bill. "They would say 'I really earned this money. I've given uppersonal time and sacrificed for this office,' " Hale said. "Butpublic service is just that: service." Becker's legislation, which he ran several years, never saw thelight of day in a Legislature hostile to most so-called ethics reformefforts. He said he can't speak to legislators' motivations, but did saymany "justified" using the money to take trips with their spouses orbenefit themselves in some way. "It leaves open the potential for real abuse," he said. "Whenpeople give money for political campaigns . . . those monies are notintended to be for personal use." smcfarland@sltrib.com